Donovan Lumber Co.

National Labor Relations Board - Board Decisions

May 29, 1940

24 N.L.R.B. 204 (N.L.R.B. 1940)

In the Matter of DONOVAN LUMBER COMPANY and LUMBER AND SAW-
MILL WORKERS' UNION, LOCAL No. 2762, CHARTERED BY THE UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-1833.-Deeided May ^?9, 1940
Lumber Products Manufacturing Industry-Agreemaent: stipulation for certifi-
cation upon consent election-Certification of Representatives: following consent
election.
Mr. Elwyn J. Eagen, for the Board.
Mr. F. H. McCready, of Aberdeen, Wash., for the Company.
Mr. Honer E. Sellers, of Aberdeen, Wash., for the Lumber Workers.
Mr. H. I. Tiuclcer, of Aberdeen, Wash., for the Sawmill Workers.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 14, 1940, Lumber and Sawmill Workers' Union, Local
No. 2762, chartered by the United Brotherhood of Carpenters and
Joiners of America, affiliated with the American Federation of Labor,
herein called the Lumber Workers, filed with the Regional Director for
the Nineteenth Region (Seattle, Washington) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Donovan Lumber Company, herein called the
Company,, engaged in the manufacture and sale of general lumber
products at Aberdeen, Washington, and requesting an investigation
and certification of representatives, pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act. On
April. 11, 1940, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and provide for an appropriate hear-
ing upon due notice. On the same day, the Company, the Lumber
24 N. L. R. B., No.7.
204
DONOVAN LUMBER COMPANY 205
Workers, Sawmill and Timber Workers Union, Local No. 2, chartered
by the International Woodworkers of America, affiliated with the
Congress of Industrial Organizations, herein called the Sawmill
Workers, and the Regional Director, entered into a "STIPULATION FOR
CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on April 26, 1940, under the direction and supervision of the
Regional Director among all the production and' maintenance em-
ployees of the Company in and about its Sawmill No. 2, exclusive of
supervisory and clerical employees, to determine whether said employ-
ees desired to be represented by the Lumber Workers or by the Saw-
mill Workers, or by neither. On April 27, 1940, the Regional Director
• issued and duly served upon the parties his Election Report on the
ballot. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
In his El'ectioii Report; the Regional Director reported as follows
concerning the balloting and its results :
Total eligible to vote----------------------------------------- 187
Total number of ballots cast--------------------------------- 186
Total number of votes in favor of Lumber and Sawmill Workers'
Union, Local No. 2762 , chartered by the United Brotherhood
of Carpenters and Joiners of America , affiliated with the
American Federation of Labor----------------------------- 86
Total number of votes in favor of Sawmill and Timber Workers'
Union, Local No. 2, chartered by International Woodworkers
of America, affiliated with the Congress of Industrial Organi-
zations---------------------------------------------------- 90
Total number of ballots for neither--------------------------- 0
Total number of blank ballots -------------------------------- 0
Total number of void ballots-------------------------------- 1
Total number of challenged ballots-- ------------------------- 0
Upon the basis of the stipulation, the election report, and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Donovan Lumber Company, Aberdeen,
Washington, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees employed by the
Company in and about its Sawmill No. 2, in Aberdeen, Washington,
exclusive of supervisory and clerical employees, constitute a unit ap-
propriate for.the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. Sawmill and Timber Workers' Union , Local No. 2 , chartered by
International Woodworkers of America , affiliated with the Congress
of Industrial Organizations , has been designated and selected by a
majority of the employees in the above unit as their representative for
the purposes of collective bargaining , and is the exclusive representa-
tive of all the employees in said unit within the meaning of Section
9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
IT IS HEREBY crRTIFIrD that Sawmill and Timber Workers' Union,
Local No. 2, chartered by International Woodworkers of America,
affiliated with the Congress of Industrial Organizations , has been
designated and selected by a majority of the production and mainte-
nance workers employed by Donovan Lumber Company in and about
its Sawmill No. 2, at Aberdeen , Washington , excluding supervisory
and clerical employees , as their representative for the purposes of col-
lective bargaining , and that pursuant to the provision of Section 9 (a)
of the Act, Sawmill and Timber Workers' Union, Local No. 2, char-
tered by International Woodworkers of America, affiliated with the
Congress of Industrial Organizations , is the exclusive representative of
all such employees for the purposes of collective bargaining in respect
to rates of pay, wages , hours of employment, and other conditions of
employment.